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(영문) 창원지방법원 마산지원 2014.09.23 2014고단629
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 12, 2011, the Defendant was sentenced to a suspended sentence of ten months for a crime of fraud at the Changwon District Court on August 12, 201, and the said judgment became final and conclusive on August 20, 201.

B, around April 6, 2010, purchased the said real estate at the victim's request, and purchased the said real estate at the victim's KRW 97 million. At the victim's request, B sold the said real estate, sold the said real estate, thereby raising the profit therefrom. Around April 6, 2010.

Around June 3, 2010, the Defendant heard the awareness that the victim intended to dispose of the above real estate through the above B, and falsely stated that the above real estate office located in the above real estate office in Busan-gu, Busan-gu, Busan-do, would purchase the above real estate with a bank loan of KRW 150 million and the victim would be guaranteed by the bank's loan certificate or the branch office.

However, in fact, the Defendant did not have the intent or ability to pay the above payment with bank loans, and the Defendant’s aforementioned real estate was false to set up a collateral for the purpose of repaying obligations to other creditors or securing collateral against the Defendant’s above real estate. At the time of the actual transfer of registration, the Defendant set up a collateral to AU (title AV) as the creditor

On June 8, 2010, the Defendant applied for the registration of ownership transfer of the said real estate by using the documents necessary for the application for the transfer of the registration received from the victim, and transferred the registration of ownership of the said real estate in the name of AD, his/her father, and acquired the above real estate price of KRW 97 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and B;

1. The police statement of the AS;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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